Chico police officer files claim against city, councilor

Chico >> A Chico police officer has filed a claim against the city of Chico alleging a city councilor has defamed him.

Officer Todd Boothe, who is listed as the claimant in a document submitted to the city on Wednesday, alleges that "defamatory statements" made by councilor Randall Stone continue to harm Boothe's personal and professional reputation.

In November 2013, Stone asked Chico police Chief Kirk Trostle for an inquiry into Boothe's performance after reportedly finding comments that Stone considered racist and derogatory toward homosexuals on the officer's public Facebook profile.

At the time, Stone told this newspaper that he stumbled upon the photos on Nov. 5, after Boothe called him a name and wrote Stone was incompetent on the councilor's public Facebook page the day before.

Boothe alleges in the claim that Stone, acting as a city employee, contacted an Action News reporter Nov. 10 to discuss Boothe and that during the interview Stone stated the police officer was "clearly harboring racist views" and that it was "unequivocal" that Boothe's postings were racist and homophobic.

In a discrimination complaint filed in February with the Department of Fair Employment and Housing, Boothe writes, "I called a Chico councilmember an (expletive) on his public Facebook page as a voting citizen and no affiliation to my employment. He then discovered my employment as a police officer and notified the media. He slandered me in the media and attacked me."

Stone's allegation prompted the Chico Police Department to conduct an internal investigation into Boothe, but Trostle had previously said the outcome of the investigation would be kept confidential.

Boothe claims he has been disciplined, including being prevented from promotions or special assignment opportunities for at least one year.

Stone, who was not aware on Thursday the claim had been filed, declined to comment.

The basis of the claim comes from the November incident when Boothe insulted Stone, and Stone "ran to the media declaring my client was a racist and a homophobe" after finding several images Boothe posted.

"We 100 percent disagree with that," he said.

The images included one of President Barack Obama dressed like an African tribesman with a bone through his nose and a picture of Obama as the Joker with the word "Socialism" underneath, said John Tribuiano, Boothe's attorney.

Tribuiano, who was hired by Boothe a month ago, alleges Stone defamed Boothe as retaliation and said it's "astonishing" that anybody who opposes Obama is labeled a racist.

Boothe was exercising his First Amendment rights and he was speaking as a citizen of Chico, California and the United States, Tribuiano said. He didn't represent himself as a police officer.

The city has time to respond to the claim, but if rejected it will give Boothe and Tribuiano time to file a lawsuit, Tribuiano said.

City Attorney Vince Ewing said he would not comment on anticipated or pending litigation, but that as of Thursday, he was not aware of the city being served.